Cataphote Corporation, a Corporation v. De Soto Chemical Coatings, Inc., a Corporation

This appeal arises from a district court judgment adverse to plaintiff-appellant, Cataphote Corporation, in a patent infringement suit instituted against defendant-appellee, De Soto Chemical Coatings, Incorporated.

The district court had jurisdiction pursuant to 28 U.S.C. § 1338 . This court has jurisdiction pursuant to 28 U.S.C. § 1291 .

The district court held appellant’s patent claim invalid on the basis of the limitations imposed by 35 U.S.C. § 102 (b). This section provides:

The district court concluded that appellant’s patent ownership was invalid because “the invention” of that patent was “in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States.” The sole issue on this appeal is whether or not the district court erred in concluding that appellant’s patent application was untimely.

The patent involved in this infringement proceeding purports to cover a thermoplastic pavement-marking composition, used principally for traffic lane markings on public thoroughfares. In September 1955, Cataphote had hired Arthur D. Little, Inc., to engage in research to develop a marking substance which might prove more…